NM
New Mexico House Bill HB8

New Mexico 2025 Regular Session

New Mexico House Bill HB8 Compare Versions

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1-HJC/HB 8/a
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28+HOUSE BILL 8
29+57
30+TH LEGISLATURE
31+-
32+
33+STATE
34+
35+OF
36+
37+NEW
38+
39+MEXICO
40+
41+-
42+ FIRST SESSION
43+,
44+
45+2025
46+INTRODUCED BY
47+Christine Chandler
2848 AN ACT
29-RELATING TO PUBLIC SAFETY; AMENDING THE CRIMINAL COMPETENCY
30-PROCEDURES TO PROVIDE FOR COMMUNITY-BASED COMPETENCY
31-RESTORATION FOR NON-DANGEROUS DEFENDANTS, TO EXPAND THE LIST
32-OF CRIMES FOR WHICH A DEFENDANT MAY BE CRIMINALLY COMMITTED,
33-TO ALLOW THE COURT TO ADVISE A DISTRICT ATTORNEY TO CONSIDER
34-INITIATING PROCEEDINGS FOR INVOLUNTARY COMMITMENT OR ASSISTED
35-OUTPATIENT TREATMENT UPON DISMISSAL OF A CRIMINAL CASE AND TO
36-ALLOW A COURT TO AUTHORIZE A DISTRICT ATTORNEY OR THE
37-DEPARTMENT OF HEALTH TO USE THE REPORT OF A COMPETENCY
38-EVALUATION IN INVOLUNTARY COMMITMENT AND ASSISTED OUTPATIENT
39-TREATMENT PROCEEDINGS; AMENDING THE ASSISTED OUTPATIENT
40-TREATMENT ACT TO AUTHORIZE A DISTRICT ATTORNEY OR THE
41-ATTORNEY GENERAL TO FILE A PETITION FOR ASSISTED OUTPATIENT
42-TREATMENT AND TO ALLOW A PETITION TO BE FILED UP TO THIRTY
43-DAYS AFTER A QUALIFIED PROFESSIONAL HAS EXAMINED A DEFENDANT
44-OR RESPONDENT; CREATING THE CRIME OF UNLAWFUL POSSESSION OF A
45-WEAPON CONVERSION DEVICE AND PRESCRIBING PENALTIES;
46-INCREASING THE PENALTIES FOR CERTAIN AUTOMOBILE THEFT FELONY
47-OFFENSES; INCREASING THE PENALTY FOR THE CRIME OF MAKING A
48-SHOOTING THREAT; PROVIDING FOR THE ALTERATION OF A BASIC
49-SENTENCE FOR TRAFFICKING CERTAIN AMOUNTS OF FENTANYL;
50-AMENDING THE REQUIREMENTS TO OBTAIN A WARRANT TO TEST THE
51-BLOOD OF A PERSON SUSPECTED OF OPERATING A MOTOR VEHICLE
52-WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS AND HJC/HB 8/a
53-Page 2
49+RELATING TO PUBLIC SAFETY; PROVIDING THAT A REPORT OF A
50+COMPETENCY EVALUATION SHALL INCLUDE A QUALIFIED PROFESSIONAL'S
51+OPINION AS TO WHETHER A DEFENDANT IS COMPETENT TO STAND TRIAL
52+AND IF, IN THE OPINION OF THE PROFESSIONAL, THE DEFENDANT IS
53+NOT COMPETENT, TO INCLUDE AN OPINION AS TO WHETHER THE
54+DEFENDANT SATISFIES THE CRITERIA FOR INVOLUNTARY COMMITMENT OR
55+ASSISTED OUTPATIENT TREATMENT; PROVIDING FOR COMMUNITY-BASED
56+COMPETENCY RESTORATION FOR NON-DANGEROUS DEFENDANTS; EXPANDING
57+THE LIST OF CRIMES FOR WHICH A DEFENDANT MAY BE CRIMINALLY
58+COMMITTED; PROVIDING FOR THE COURT TO ADVISE A DISTRICT
59+ATTORNEY TO CONSIDER INITIATING PROCEEDINGS FOR INVOLUNTARY
60+COMMITMENT OR ASSISTED OUTPATIENT TREATMENT UPON DISMISSAL OF A
61+CRIMINAL CASE; ALLOWING A COURT TO AUTHORIZE A DISTRICT
62+ATTORNEY OR THE DEPARTMENT OF HEALTH TO USE THE REPORT OF A
63+COMPETENCY EVALUATION IN INVOLUNTARY COMMITMENT AND ASSISTED
64+.230645.1 underscored material = new
65+[bracketed material] = delete
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79-ALLOWING CERTAIN MEDICAL PROFESSIONALS TO DRAW BLOOD FOR THE
80-PURPOSES OF CHEMICAL BLOOD TESTS; MAKING CONFORMING
81-AMENDMENTS.
91+OUTPATIENT TREATMENT PROCEEDINGS; AMENDING THE ASSISTED
92+OUTPATIENT TREATMENT ACT TO AUTHORIZE A DISTRICT ATTORNEY OR
93+THE ATTORNEY GENERAL TO FILE A PETITION FOR ASSISTED OUTPATIENT
94+TREATMENT AND TO ALLOW A PETITION TO BE FILED UP TO THIRTY DAYS
95+AFTER A QUALIFIED PROFESSIONAL HAS EXAMINED A DEFENDANT OR
96+RESPONDENT; MAKING CONFORMING AMENDMENTS.
8297 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
8398 SECTION 1. Section 31-9-1 NMSA 1978 (being Laws 1988,
8499 Chapter 107, Section 1 and Laws 1988, Chapter 108, Section 1,
85100 as amended by Laws 1993, Chapter 240, Section 1 and also by
86101 Laws 1993, Chapter 249, Section 1) is amended to read:
87102 "31-9-1. DETERMINATION OF COMPETENCY--RAISING THE
88-ISSUE.--
103+ISSUE.--[Whenever it appears that there is a question as to the
104+defendant's competency to proceed in a criminal case, any
105+further proceeding in the cause ]
89106 A. When a party or the court raises a question as
90-to a defendant's competency to stand trial in a criminal
91-case, the proceeding shall be suspended until the issue is
92-determined.
93-B. Unless the case is dismissed upon motion of a
94-party or through diversion, if the question of a defendant's
95-competency is raised in a court other than a district court,
96-the case shall be transferred to the district court."
97-SECTION 2. Section 31-9-1.1 NMSA 1978 (being Laws 1988,
98-Chapter 107, Section 2 and Laws 1988, Chapter 108, Section 2,
99-as amended by Laws 1993, Chapter 240, Section 2 and also by
100-Laws 1993, Chapter 249, Section 2) is amended to read:
101-"31-9-1.1. DETERMINATION OF COMPETENCY--EVALUATION AND
102-DETERMINATION.-- HJC/HB 8/a
103-Page 3
107+to a defendant's competency to stand trial in a criminal case,
108+the proceeding shall be suspended until the issue is
109+determined. [Unless the case is dismissed upon motion of a
110+party, when the question is raised in a court other than the
111+district court or a metropolitan court, the proceeding shall be
112+suspended and the cause transferred to the district court. If
113+the question of a defendant's competency is raised in the
114+metropolitan court and the court determines that the defendant
115+.230645.1
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129-A. A defendant's competency shall be evaluated by
130-a psychologist or psychiatrist or other qualified
131-professional recognized by the district court as an expert.
132-The qualified professional who evaluates a defendant's
133-competency shall prepare an evaluation report and submit the
134-report as ordered by the court.
135-B. An evaluation report shall include a qualified
136-professional's opinion as to whether a defendant is competent
137-to stand trial and has:
138-(1) a sufficient, present ability to consult
139-with the defendant's lawyer with a reasonable degree of
140-rational understanding;
141-(2) a rational and factual understanding of
142-the proceedings against the defendant; and
143-(3) the capacity to assist in the
144-defendant's own defense and to comprehend the reasons for
145-punishment.
146-C. If, in the opinion of the qualified
147-professional, a defendant is not competent to stand trial, an
148-evaluation report shall include the qualified professional's
149-opinion as to whether the defendant:
150-(1) satisfies the criteria for involuntary
151-commitment in accordance with the Mental Health and
152-Developmental Disabilities Code and whether:
153-(a) as a result of a mental disorder, HJC/HB 8/a
154-Page 4
143+is incompetent to proceed in a criminal case, the cause, if not
144+dismissed upon motion of a party, shall be transferred to the
145+district court.]
146+B. Unless the case is dismissed upon motion of a
147+party or through diversion:
148+(1) if the question of a defendant's
149+competency is raised in a court other than a district court or
150+a metropolitan court, the case shall be transferred to the
151+district court; or
152+(2) if the question of a defendant's
153+competency is raised in a metropolitan court and the court
154+determines that the defendant is not competent to stand trial,
155+the case shall be transferred to the district court. "
156+SECTION 2. Section 31-9-1.1 NMSA 1978 (being Laws 1988,
157+Chapter 107, Section 2 and Laws 1988, Chapter 108, Section 2,
158+as amended by Laws 1993, Chapter 240, Section 2 and also by
159+Laws 1993, Chapter 249, Section 2) is amended to read:
160+"31-9-1.1. DETERMINATION OF COMPETENCY--EVALUATION AND
161+DETERMINATION.--[The]
162+A. A defendant's competency shall be
163+[professionally] evaluated by a psychologist or psychiatrist or
164+other qualified professional recognized by the district court
165+as an expert. [and a report shall be submitted ] The qualified
166+professional who evaluates a defendant's competency shall
167+prepare an evaluation report and submit the report as ordered
168+.230645.1
169+- 3 - underscored material = new
170+[bracketed material] = delete
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196+by the court.
197+B. An evaluation report shall include a qualified
198+professional's opinion as to whether a defendant is competent
199+to stand trial and has:
200+(1) a sufficient, present ability to consult
201+with the defendant's lawyer with a reasonable degree of
202+rational understanding;
203+(2) a rational and factual understanding of
204+the proceedings against the defendant; and
205+(3) the capacity to assist in the defendant's
206+own defense and to comprehend the reasons for punishment.
207+C. If, in the opinion of the qualified
208+professional, a defendant is not competent to stand trial, an
209+evaluation report shall include the qualified professional's
210+opinion as to whether the defendant:
211+(1) satisfies the criteria for involuntary
212+commitment in accordance with the Mental Health and
213+Developmental Disabilities Code and whether:
214+(a) as a result of a mental disorder,
180215 the defendant presents a likelihood of serious harm to the
181216 defendant's self or others;
182-(b) the defendant needs and is likely
183-to benefit from involuntary commitment and treatment; and
217+(b) the defendant needs and is likely to
218+benefit from involuntary commitment and treatment; and
184219 (c) the proposed commitment is
185220 consistent with the treatment needs of the defendant and with
186-the least drastic means principle; or
187-(2) satisfies the criteria for involuntary
188-treatment in accordance with the Assisted Outpatient
189-Treatment Act and whether the defendant:
190-(a) has a primary diagnosis of a mental
191-disorder;
192-(b) has demonstrated a history of lack
193-of compliance with treatment for a mental disorder;
194-(c) is unwilling or unlikely, as a
195-result of a mental disorder, to voluntarily participate in
196-outpatient treatment that would enable the person to live
197-safely in the community without court supervision;
198-(d) is in need of assisted outpatient
199-treatment as the least restrictive appropriate alternative to
200-prevent a relapse or deterioration likely to result in
201-serious harm to the defendant's self or others; and
202-(e) will likely benefit from assisted
203-outpatient treatment and have the defendant's best interests
204-served. HJC/HB 8/a
205-Page 5
221+.230645.1
222+- 4 - underscored material = new
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231-D. A competency hearing shall be held:
249+the least drastic means principle; or
250+(2) satisfies the criteria for involuntary
251+treatment in accordance with the Assisted Outpatient Treatment
252+Act and whether the defendant:
253+(a) has a primary diagnosis of a mental
254+disorder;
255+(b) has demonstrated a history of lack
256+of compliance with treatment for a mental disorder;
257+(c) is unwilling or unlikely, as a
258+result of a mental disorder, to voluntarily participate in
259+outpatient treatment that would enable the person to live
260+safely in the community without court supervision;
261+(d) is in need of assisted outpatient
262+treatment as the least restrictive appropriate alternative to
263+prevent a relapse or deterioration likely to result in serious
264+harm to the defendant's self or others; and
265+(e) will likely benefit from assisted
266+outpatient treatment and have the defendant's best interests
267+served.
268+D. A competency hearing [on the issue of the
269+competency of] shall be held:
232270 (1) within thirty days from the date an
233-evaluation report is submitted to the court for an
234-incarcerated defendant charged with a felony;
235-(2) within ten days from the date an
236-evaluation report is submitted to the court for an
237-incarcerated defendant not charged with a felony; and
238-(3) within ninety days after an evaluation
239-report is submitted to the court for a defendant who is not
240-incarcerated."
241-SECTION 3. Section 31-9-1.2 NMSA 1978 (being Laws 1988,
242-Chapter 107, Section 3 and Laws 1988, Chapter 108, Section 3,
243-as amended) is amended to read:
244-"31-9-1.2. DETERMINATION OF COMPETENCY--COMMITMENT--
245-REPORT.--
246-A. If, after a competency hearing, a court
247-determines that a defendant is not competent to stand trial,
248-the court shall determine if the defendant is dangerous. A
249-defendant who is not competent is dangerous if the court
250-finds by clear and convincing evidence that the defendant
251-presents a serious threat of:
252-(1) committing murder in the first or second
253-degree, as provided in Section 30-2-1 NMSA 1978;
254-(2) inflicting great bodily harm, as defined
255-in Section 30-1-12 NMSA 1978, on another person; HJC/HB 8/a
256-Page 6
271+evaluation report is submitted to the court for an incarcerated
272+defendant charged with a felony; [shall be held by the district
273+court within a reasonable time, but in no event later than
274+.230645.1
275+- 5 - underscored material = new
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282-(3) committing criminal sexual penetration,
283-as provided in Section 30-9-11 NMSA 1978;
284-(4) committing criminal sexual contact of a
285-minor, as provided in Section 30-9-13 NMSA 1978;
286-(5) committing abuse of a child, as provided
287-in Subsection D of Section 30-6-1 NMSA 1978;
288-(6) violating a provision of the Sexual
289-Exploitation of Children Act;
290-(7) committing human trafficking, as
291-provided in Section 30-52-1 NMSA 1978;
292-(8) committing aggravated arson, as provided
293-in Section 30-17-6 NMSA 1978; or
294-(9) committing any "serious violent offense"
295-enumerated in Subparagraphs (a) through (n) of Paragraph (4)
296-of Subsection L of Section 33-2-34 NMSA 1978 with the use of
297-a firearm.
298-B. If the court determines that a defendant is not
299-dangerous, the court may order the defendant to participate
300-in a community-based competency restoration program or
301-dismiss the criminal case without prejudice in the interests
302-of justice; provided that if the court dismisses the case,
303-the court may:
304-(1) advise the district attorney to consider
305-the initiation of involuntary civil commitment proceedings in
306-accordance with the Mental Health and Developmental HJC/HB 8/a
307-Page 7
302+thirty days after notification to the court of completion of
303+the diagnostic evaluation. In the case of ]
304+(2) within ten days from the date an
305+evaluation report is submitted to the court for an incarcerated
306+defendant not charged with a felony; [the court shall hold a
307+hearing and determine his competency within ten days of
308+notification to the court of completion of the diagnostic
309+evaluation] and
310+(3) within a reasonable time after an
311+evaluation report is submitted to the court for a defendant who
312+is not incarcerated."
313+SECTION 3. Section 31-9-1.2 NMSA 1978 (being Laws 1988,
314+Chapter 107, Section 3 and Laws 1988, Chapter 108, Section 3,
315+as amended) is amended to read:
316+"31-9-1.2. DETERMINATION OF COMPETENCY--COMMITMENT--
317+REPORT.--
318+A. [When] If, after a competency hearing, a court
319+determines that a defendant is not competent to [proceed in a
320+criminal case and the court does not find that ] stand trial,
321+the court shall determine if the defendant is dangerous. A
322+defendant who is not competent is dangerous if the court finds
323+by clear and convincing evidence that the defendant presents a
324+serious threat of:
325+(1) committing murder in the first or second
326+degree, as provided in Section 30-2-1 NMSA 1978;
327+.230645.1
328+- 6 - underscored material = new
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333-Disabilities Code and may detain the defendant for a maximum
334-of seven days to facilitate initiation of those proceedings;
335-or
336-(2) advise the district attorney to consider
337-initiation of proceedings in accordance with the Assisted
338-Outpatient Treatment Act but may not detain the defendant for
339-that purpose.
340-C. A community-based competency restoration
341-program is a court-approved program that is designed to
342-restore a defendant to competency and provided in an
343-outpatient setting in the community where the defendant
344-resides. A court may order a defendant to participate in a
345-community-based competency restoration program for no longer
346-than ninety days, and:
347-(1) within thirty days of the date that the
348-defendant was ordered to participate in a community-based
349-competency restoration program, the person supervising the
350-defendant's competency restoration program shall submit a
351-progress report to the court and both parties that includes:
352-(a) an initial assessment of the
353-defendant and a description of the competency restoration
354-programming that will be provided to the defendant;
355-(b) a report on the defendant's
356-amenability to competency restoration;
357-(c) an assessment of the program's HJC/HB 8/a
358-Page 8
355+(2) inflicting great bodily harm, as defined
356+in Section 30-1-12 NMSA 1978, on another person;
357+(3) committing criminal sexual penetration, as
358+provided in Section 30-9-11 NMSA 1978;
359+(4) committing criminal sexual contact of a
360+minor, as provided in Section 30-9-13 NMSA 1978;
361+(5) committing abuse of a child, as provided
362+in Subsection D of Section 30-6-1 NMSA 1978;
363+(6) violating a provision of the Sexual
364+Exploitation of Children Act;
365+(7) committing human trafficking, as provided
366+in Section 30-52-1 NMSA 1978;
367+(8) committing a felony involving the use of a
368+firearm; or
369+(9) committing aggravated arson, as provided
370+in Section 30-17-6 NMSA 1978.
371+B. If the court determines that a defendant is not
372+dangerous, the court may order the defendant to participate in
373+a community-based competency restoration program or dismiss the
374+criminal case without prejudice in the interests of justice;
375+[Upon dismissal the court may advise, the district attorney to
376+consider initiation of proceedings under the Mental Health and
377+Developmental Disabilities Code and order the defendant
378+confined for a maximum of seven days to facilitate preparation
379+and initiation of a petition pursuant to that code ] provided
380+.230645.1
381+- 7 - underscored material = new
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384-capacity to provide appropriate programming for the
385-defendant; and
386-(d) an opinion as to the probability of
387-the defendant being restored to competency within ninety days
388-from the date that the court ordered the defendant's
389-participation in the community-based competency restoration
390-program;
391-(2) no later than ninety days from the date
392-that the court ordered the defendant to participate in a
393-community-based competency restoration program, the court
394-shall hold a review hearing and determine if the defendant
395-has been restored to competency and at least seven days prior
396-to the review hearing, the person supervising the defendant's
397-competency restoration program shall submit a written report
398-that includes:
399-(a) an opinion as to whether the
400-defendant has been restored to competency;
401-(b) if the defendant is receiving
402-medication, information from the prescribing physician about
403-the type, dosage and effect of the medication on the
404-defendant's appearance, actions and demeanor;
405-(c) if the defendant remains not
406-competent, an opinion as to whether the defendant satisfies
407-the criteria for involuntary commitment in accordance with
408-the Mental Health and Developmental Disabilities Code and HJC/HB 8/a
409-Page 9
408+that if the court dismisses the case, the court may:
409+(1) advise the district attorney to consider
410+the initiation of involuntary civil commitment proceedings in
411+accordance with the Mental Health and Developmental
412+Disabilities Code and may detain the defendant for a maximum of
413+seven days to facilitate initiation of those proceedings; or
414+(2) advise the district attorney to consider
415+initiation of proceedings in accordance with the Assisted
416+Outpatient Treatment Act but may not detain the defendant for
417+that purpose.
418+C. A community-based competency restoration program
419+is a court-approved program that is designed to restore a
420+defendant to competency and provided in an outpatient setting
421+in the community where the defendant resides. A court may
422+order a defendant to participate in a community-based
423+competency restoration program for no longer than ninety days,
424+and:
425+(1) within thirty days of the date that the
426+defendant was ordered to participate in a community-based
427+competency restoration program, the person supervising the
428+defendant's competency restoration program shall submit a
429+progress report to the court and both parties that includes:
430+(a) an initial assessment of the
431+defendant and a description of the competency restoration
432+programming that will be provided to the defendant;
433+.230645.1
434+- 8 - underscored material = new
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435-whether: 1) as a result of mental disorder, the defendant
436-presents a likelihood of serious harm to the defendant's self
437-or others; 2) the defendant needs and is likely to benefit
438-from involuntary commitment and treatment; and 3) the
439-proposed commitment is consistent with the treatment needs of
440-the defendant and with the least drastic means principle; and
441-(d) if the defendant remains not
442-competent, an opinion as to whether the defendant satisfies
443-the criteria for involuntary treatment in accordance with the
444-Assisted Outpatient Treatment Act and whether the defendant:
445-1) has a primary diagnosis of a mental disorder; 2) has
446-demonstrated a history of lack of compliance with treatment
447-for a mental disorder; 3) is unwilling or unlikely, as a
448-result of a mental disorder, to voluntarily participate in
449-outpatient treatment that would enable the defendant to live
450-safely in the community without court supervision; 4) is in
451-need of assisted outpatient treatment as the least
452-restrictive appropriate alternative to prevent a relapse or
453-deterioration likely to result in serious harm to the
454-defendant's self or others; and 5) will likely benefit from
455-assisted outpatient treatment and have the defendant's best
456-interests served; and
457-(3) if, after a review hearing, the court
458-finds that the defendant is competent, the case shall proceed
459-to trial, but if the court finds that the defendant remains HJC/HB 8/a
460-Page 10
461+(b) a report on the defendant's
462+amenability to competency restoration;
463+(c) an assessment of the program's
464+capacity to provide appropriate programming for the defendant;
465+and
466+(d) an opinion as to the probability of
467+the defendant being restored to competency within ninety days
468+from the date that the court ordered the defendant's
469+participation in the community-based competency restoration
470+program;
471+(2) no later than ninety days from the date
472+that the court ordered the defendant to participate in a
473+community-based competency restoration program, the court shall
474+hold a review hearing and determine if the defendant has been
475+restored to competency and at least seven days prior to the
476+review hearing, the person supervising the defendant's
477+competency restoration program shall submit a written report
478+that includes:
479+(a) an opinion as to whether the
480+defendant has been restored to competency;
481+(b) if the defendant is receiving
482+medication, information from the prescribing physician about
483+the type, dosage and effect of the medication on the
484+defendant's appearance, actions and demeanor;
485+(c) if the defendant remains not
486+.230645.1
487+- 9 - underscored material = new
488+[bracketed material] = delete
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486-not competent, the case shall be dismissed without prejudice
487-and the court may advise the district attorney to consider
488-initiating proceedings in accordance with the Mental Health
489-and Developmental Disabilities Code or the Assisted
490-Outpatient Treatment Act.
491-D. If the court determines that a defendant who is
492-not competent is dangerous, the district court may commit the
493-defendant as provided in this section for competency
494-restoration. If the court orders commitment, the court shall
495-enter a transport order that provides for the defendant's
496-return to the local jail within seventy-two hours upon the
497-defendant being restored to competency, completion of the
498-competency restoration program or as otherwise required by
499-the court. A defendant committed for competency restoration
500-shall be provided with treatment available to persons subject
501-to civil commitment, and:
502-(1) shall be detained by the department of
503-health in a secure, locked facility; and
504-(2) shall not be released from that facility
505-except pursuant to an order of the court that committed the
506-defendant.
507-E. The department of health shall admit a
508-defendant for competency restoration within fifteen days of
509-receipt of the court's order of commitment of an incompetent
510-defendant and of the necessary and available documents HJC/HB 8/a
511-Page 11
514+competent, an opinion as to whether the defendant satisfies the
515+criteria for involuntary commitment in accordance with the
516+Mental Health and Developmental Disabilities Code and whether:
517+1) as a result of mental disorder, the defendant presents a
518+likelihood of serious harm to the defendant's self or others;
519+2) the defendant needs and is likely to benefit from
520+involuntary commitment and treatment; and 3) the proposed
521+commitment is consistent with the treatment needs of the
522+defendant and with the least drastic means principle; and
523+(d) if the defendant remains not
524+competent, an opinion as to whether the defendant satisfies the
525+criteria for involuntary treatment in accordance with the
526+Assisted Outpatient Treatment Act and whether the defendant:
527+1) has a primary diagnosis of a mental disorder; 2) has
528+demonstrated a history of lack of compliance with treatment for
529+a mental disorder; 3) is unwilling or unlikely, as a result of
530+a mental disorder, to voluntarily participate in outpatient
531+treatment that would enable the defendant to live safely in the
532+community without court supervision; 4) is in need of assisted
533+outpatient treatment as the least restrictive appropriate
534+alternative to prevent a relapse or deterioration likely to
535+result in serious harm to the defendant's self or others; and
536+5) will likely benefit from assisted outpatient treatment and
537+have the defendant's best interests served; and
538+(3) if, after a review hearing, the court
539+.230645.1
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541+[bracketed material] = delete
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537-reasonably required for admission pursuant to written
538-policies adopted by the secretary of health or the
539-secretary's designee. If the secretary of health or the
540-secretary's designee determines that the department of health
541-does not have the ability to meet the needs of the defendant,
542-the secretary or the secretary's designee may refuse
543-admission by providing written certification to the
544-committing court and the parties of the department's
545-inability to meet the needs of the defendant. The
546-certification shall be made within seven days of the receipt
547-of the court's order of commitment and necessary and
548-available documents reasonably required for admission
549-pursuant to written policies adopted by the secretary or the
550-secretary's designee. Within ten days of filing of the
551-certification, the court shall conduct a hearing for further
552-disposition of the criminal case.
553-F. Within thirty days of a defendant's admission
554-to a department of health facility or an inpatient
555-psychiatric hospital for competency restoration, the
556-department shall file with the court, the state and the
557-defense:
558-(1) an initial assessment of the defendant
559-and treatment plan;
560-(2) a report on the defendant's amenability
561-to competency restoration; HJC/HB 8/a
562-Page 12
567+finds that the defendant is competent, the case shall proceed
568+to trial, but if the court finds that the defendant remains not
569+competent, the case shall be dismissed without prejudice and
570+the court may advise the district attorney to consider
571+initiating proceedings in accordance with the Mental Health and
572+Developmental Disabilities Code or the Assisted Outpatient
573+Treatment Act.
574+[B. When a district] D. If the court determines
575+that a [defendant charged with a felony is incompetent to
576+proceed in the criminal case, but does not dismiss the criminal
577+case, and the district court at that time makes a specific
578+finding that the] defendant who is not competent is dangerous,
579+the district court may commit the defendant as provided in this
580+section for [treatment to attain competency to proceed in a
581+criminal case. The court shall enter an appropriate transport
582+order that also provides for return of the defendant to the
583+local facilities of the court upon completion of the
584+treatment. The defendant so committed ] competency restoration.
585+If the court orders commitment, the court shall enter a
586+transport order that provides for the defendant's return to the
587+local jail within seventy-two hours upon the defendant being
588+restored to competency, completion of the competency
589+restoration program or as otherwise required by the court. A
590+defendant committed for competency restoration shall be
591+provided with treatment available to [involuntarily committed ]
592+.230645.1
593+- 11 - underscored material = new
594+[bracketed material] = delete
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588-(3) an assessment of the department's
589-capacity to provide appropriate treatment for the defendant;
590-and
591-(4) an opinion as to the probability of the
592-defendant being restored to competency within nine months
593-from the date the court determined the defendant is not
594-competent to stand trial."
595-SECTION 4. Section 31-9-1.3 NMSA 1978 (being Laws 1988,
596-Chapter 107, Section 4 and Laws 1988, Chapter 108, Section 4,
597-as amended) is amended to read:
598-"31-9-1.3. DETERMINATION OF COMPETENCY--NINETY-DAY
599-REVIEW--REPORTS--CONTINUING TREATMENT.--
600-A. Within ninety days after a court issues an
601-order committing a defendant for competency restoration, the
602-court, sitting without a jury, shall conduct a review
603-hearing, unless waived by the defense, and shall determine:
604-(1) whether the defendant has been restored
605-to competency or remains not competent to stand trial;
606-(2) if the defendant remains not competent,
607-whether the defendant is making progress toward being
608-restored to competency within nine months from the date the
609-court determined the defendant is not competent to stand
610-trial; and
611-(3) whether the defendant remains dangerous
612-as determined by the court in accordance with Section HJC/HB 8/a
613-Page 13
620+persons subject to civil commitment , and:
621+(1) [the defendant] shall be detained by the
622+department of health in a secure, locked facility; and
623+(2) [the defendant, during the period of
624+commitment] shall not be released from that [secure ] facility
625+except pursuant to an order of the [district ] court that
626+committed [him] the defendant.
627+[C.] E. The department of health shall admit a
628+defendant for competency restoration within thirty days of
629+receipt of the court's order of commitment of an incompetent
630+defendant and of the necessary and available documents
631+reasonably required for admission pursuant to written policies
632+adopted by the secretary of health or [his designee, the
633+defendant shall be admitted to a facility designated for the
634+treatment of defendants who are incompetent to stand trial and
635+dangerous. If after conducting an investigation ] the
636+secretary's designee. If the secretary of health or the
637+secretary's designee determines that the department of health
638+does not have the ability to meet the [medical ] needs of [a]
639+the defendant [ordered committed to a facility ], the secretary
640+or [his] the secretary's designee may refuse admission [to the
641+defendant upon] by providing written certification to the
642+committing court and the parties of the [lack of ability ]
643+department's inability to meet the [medical ] needs of the
644+defendant. The certification [must ] shall be made within
645+.230645.1
646+- 12 - underscored material = new
647+[bracketed material] = delete
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639-31-9-1.2 NMSA 1978.
640-B. At least seven days prior to the review
641-hearing, the treatment supervisor shall submit a written
642-progress report to the court, the state and the defense that
643-includes:
644-(1) the clinical findings regarding the
645-defendant's progress toward competency restoration and the
646-facts upon which the findings are based;
647-(2) an opinion as to whether the defendant
648-has been restored to competency or as to whether the
649-defendant is making progress toward being restored to
650-competency within nine months from the date the court
651-determined the defendant is not competent to stand trial and
652-whether there is a substantial probability that the defendant
653-will be restored to competency within nine months from the
654-date the court determined the defendant is not competent to
655-stand trial;
656-(3) an opinion as to whether the defendant
657-remains dangerous as determined by the court in accordance
658-with Section 31-9-1.2 NMSA 1978; and
659-(4) if the defendant is receiving
660-medication, information from the prescribing physician
661-indicating the type, the dosage and the effect of the
662-medication on the defendant's appearance, actions and
663-demeanor. HJC/HB 8/a
664-Page 14
673+fourteen days of the receipt of the court's order of commitment
674+and necessary and available documents reasonably required for
675+admission pursuant to written policies adopted by the secretary
676+or [his] the secretary's designee. Within ten days of filing
677+of the certification, the court shall conduct a hearing for
678+further disposition of the criminal case.
679+[D. As used in Sections 31-9-1 through 31-9-1.5
680+NMSA 1978, "dangerous" means that, if released, the defendant
681+presents a serious threat of inflicting great bodily harm on
682+another or of violating Section 30-9-11 or 30-9-13 NMSA 1978.
683+E.] F. Within thirty days of [an incompetent ] a
684+defendant's admission to a department of health facility [to
685+undergo treatment to attain competency to proceed in a criminal
686+case, the person supervising the defendant's treatment ] or an
687+inpatient psychiatric hospital for competency restoration, the
688+department shall file with the [district ] court, the state and
689+the defense:
690+(1) an initial assessment of the defendant and
691+treatment plan; [and]
692+(2) a report on the defendant's amenability to
693+[treatment to render him competent to proceed in a criminal
694+case] competency restoration ;
695+(3) an assessment of the [facility's or
696+program's] department's capacity to provide appropriate
697+treatment for the defendant; and
698+.230645.1
699+- 13 - underscored material = new
700+[bracketed material] = delete
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690-C. If the district court finds that the defendant
691-is restored to competency, the district court shall set the
692-matter for trial; provided that if the defendant is in need
693-of continued care or treatment and the department of health
694-agrees to continue to provide it, the district court may
695-order continued care or treatment of the defendant until the
696-conclusion of the criminal proceedings.
697-D. If the district court finds that the defendant
698-remains not competent but that the defendant is making
699-progress toward being restored to competency, the district
700-court may continue or modify its original commitment order
701-entered pursuant to Section 31-9-1.2 NMSA 1978; provided
702-that:
703-(1) the question of the defendant's
704-competency shall be reviewed again not later than nine months
705-from the date the court determined the defendant is not
706-competent to stand trial; and
707-(2) the treatment supervisor shall submit a
708-written progress report as specified in Subsection B of this
709-section at least seven days prior to such hearing.
710-E. If the district court finds that the defendant
711-remains not competent, that the defendant is not making
712-progress toward being restored to competency and that there
713-is not a substantial probability that the defendant will be
714-restored to competency within nine months from the date the HJC/HB 8/a
715-Page 15
726+(4) an opinion as to the probability of the
727+[defendant's attaining ] defendant being restored to competency
728+within [a period of] nine months from the date [of the original
729+finding of incompetency to proceed in a criminal case ] the
730+court determined the defendant is not competent to stand
731+trial."
732+SECTION 4. Section 31-9-1.3 NMSA 1978 (being Laws 1988,
733+Chapter 107, Section 4 and Laws 1988, Chapter 108, Section 4,
734+as amended) is amended to read:
735+"31-9-1.3. DETERMINATION OF COMPETENCY--NINETY-DAY
736+REVIEW--REPORTS--CONTINUING TREATMENT.--
737+A. Within ninety days [of the entry of the order
738+committing an incompetent defendant to undergo treatment, the
739+district court] after a court issues an order committing a
740+defendant for competency restoration, the court , sitting
741+without a jury, shall conduct a review hearing, unless waived
742+by the defense, and shall determine:
743+(1) whether the defendant [is competent to
744+proceed in the criminal case; and, if not ] has been restored to
745+competency or remains not competent to stand trial ;
746+(2) if the defendant remains not competent ,
747+whether the defendant is making progress [under treatment ]
748+toward [attainment of ] being restored to competency within nine
749+months from the date [of the original finding of incompetency ]
750+the court determined the defendant is not competent to stand
751+.230645.1
752+- 14 - underscored material = new
753+[bracketed material] = delete
716754 1
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741-court determined the defendant is not competent to stand
742-trial, the court shall proceed pursuant to Section 31-9-1.4
743-NMSA 1978. However, if the defendant is in need of continued
744-care and treatment and the department of health agrees to
745-continue to provide it, the district court may order
746-continued care or treatment of the defendant by the
747-department until the conclusion of the criminal proceedings."
779+trial; and
780+(3) whether the defendant remains dangerous as
781+[that term is defined in ] determined by the court in accordance
782+with Section 31-9-1.2 NMSA 1978.
783+B. At least seven days prior to the review hearing,
784+the treatment supervisor shall submit a written progress report
785+to the court, the state and the defense [indicating ] that
786+includes:
787+(1) the clinical findings [of the treatment
788+supervisor] regarding the defendant's progress toward
789+competency restoration and the facts upon which the findings
790+are based;
791+(2) [the] an opinion [of the treatment
792+supervisor] as to whether the defendant has [attained ] been
793+restored to competency or as to whether the defendant is making
794+progress [under treatment ] toward [attaining] being restored to
795+competency within nine months from the date [of the original
796+finding of incompetency ] the court determined the defendant is
797+not competent to stand trial and whether there is a substantial
798+probability that the defendant will [attain ] be restored to
799+competency within nine months from the date [of the original
800+finding of incompetency ] the court determined the defendant is
801+not competent to stand trial ;
802+(3) an opinion as to whether the defendant
803+[is] remains dangerous as [that term is defined in ] determined
804+.230645.1
805+- 15 - underscored material = new
806+[bracketed material] = delete
807+1
808+2
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832+by the court in accordance with Section 31-9-1.2 NMSA 1978 [or
833+whether the defendant satisfies the criteria for involuntary
834+commitment contained in the Mental Health and Developmental
835+Disabilities Code]; and
836+(4) if the defendant is receiving medication,
837+information from the prescribing physician indicating the type,
838+the dosage and the effect of the medication on the defendant's
839+appearance, actions and demeanor.
840+C. If the district court finds that the defendant
841+[to be competent] is restored to competency , the district court
842+shall set the matter for trial; provided that if the defendant
843+is in need of continued care or treatment and the [supervisor
844+of the defendant's treatment ] department of health agrees to
845+continue to provide it, the district court may [enter any ]
846+order [it deems appropriate for the ] continued care or
847+treatment of the defendant [by the facility or program pending ]
848+until the conclusion of the criminal proceedings.
849+D. If the district court finds that the defendant
850+[is still] remains not competent [to proceed in a criminal
851+case] but that [he] the defendant is making progress toward
852+[attaining] being restored to competency, the district court
853+may continue or modify its original [treatment ] commitment
854+order entered pursuant to Section 31-9-1.2 NMSA 1978; provided
855+that:
856+(1) the question of the defendant's competency
857+.230645.1
858+- 16 - underscored material = new
859+[bracketed material] = delete
860+1
861+2
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885+shall be reviewed again not later than nine months from the
886+[original determination of incompetency to proceed in a
887+criminal case] date the court determined the defendant is not
888+competent to stand trial ; and
889+(2) the treatment supervisor shall submit a
890+written progress report as specified in Subsection B of this
891+section at least seven days prior to such hearing.
892+E. If the district court finds that the defendant
893+[is still] remains not competent, that [he ] the defendant is
894+not making progress toward [attaining ] being restored to
895+competency and that there is not a substantial probability that
896+[he] the defendant will [attain] be restored to competency
897+within nine months from the date [of the original finding of
898+incompetency the district court ] the court determined the
899+defendant is not competent to stand trial, the court shall
900+proceed pursuant to Section 31-9-1.4 NMSA 1978. However, if
901+the defendant is in need of continued care and treatment and
902+the [supervisor of the defendant's treatment ] department of
903+health agrees to continue to provide it, the district court may
904+[enter any] order [it deems appropriate for the ] continued care
905+or treatment of the defendant by the [facility or program
906+pending] department until the conclusion of the criminal
907+proceedings."
748908 SECTION 5. Section 31-9-1.4 NMSA 1978 (being Laws 1988,
749909 Chapter 107, Section 5 and Laws 1988, Chapter 108, Section 5,
910+.230645.1
911+- 17 - underscored material = new
912+[bracketed material] = delete
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750938 as amended) is amended to read:
751939 "31-9-1.4. DETERMINATION OF COMPETENCY--INCOMPETENT
752-DEFENDANTS.--If at any time the district court determines
753-that there is not a substantial probability that the
754-defendant will be restored to competency within nine months
755-from the date the court determined the defendant is not
756-competent to stand trial, the district court may:
757-A. hold a criminal commitment hearing in
758-accordance with Section 31-9-1.5 NMSA 1978 within three
759-months if the defendant is charged with:
940+DEFENDANTS.--If at any time the district court determines that
941+there is not a substantial probability that the defendant will
942+[become competent to proceed in a criminal case within a
943+reasonable period of time not to exceed nine months from the
944+date of the original finding of incompetency ] be restored to
945+competency within nine months from the date the court
946+determined the defendant is not competent to stand trial , the
947+district court may:
948+A. [hear the matter pursuant to ] hold a criminal
949+commitment hearing in accordance with Section 31-9-1.5 NMSA
950+1978 within three months if the defendant is charged with [a
951+felony that involves the infliction of great bodily harm on
952+another person; a felony that involves the use of a firearm;
953+aggravated arson, as provided in Section 30-17-6 NMSA 1978;
954+criminal sexual penetration, as provided in Section 30-9-11
955+NMSA 1978; or criminal sexual contact of a minor, as provided
956+in Section 30-9-13 NMSA 1978 ]:
760957 (1) murder in the first or second degree, as
761958 provided in Section 30-2-1 NMSA 1978;
762959 (2) a felony involving infliction of great
763960 bodily harm, as defined in Section 30-1-12 NMSA 1978, on
764961 another person;
765-(3) criminal sexual penetration, as provided HJC/HB 8/a
766-Page 16
962+(3) criminal sexual penetration, as provided
963+.230645.1
964+- 18 - underscored material = new
965+[bracketed material] = delete
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792991 in Section 30-9-11 NMSA 1978;
793992 (4) criminal sexual contact of a minor, as
794993 provided in Section 30-9-13 NMSA 1978;
795994 (5) abuse of a child, as provided in
796995 Subsection D of Section 30-6-1 NMSA 1978;
797996 (6) a crime provided for in the Sexual
798997 Exploitation of Children Act;
799-(7) human trafficking, as provided in
800-Section 30-52-1 NMSA 1978;
801-(8) aggravated arson, as provided in Section
802-30-17-6 NMSA 1978; or
803-(9) any "serious violent offense" enumerated
804-in Subparagraphs (a) through (n) of Paragraph (4) of
805-Subsection L of Section 33-2-34 NMSA 1978 with the use of a
806-firearm;
998+(7) human trafficking, as provided in Section
999+30-52-1 NMSA 1978;
1000+(8) a felony involving the use of a firearm ;
1001+or8
1002+(9) aggravated arson, as provided in Section
1003+30-17-6 NMSA 1978;
8071004 B. release the defendant from custody and dismiss
808-the criminal case with prejudice; or
1005+the criminal case with prejudice [the charges against him ]; or
8091006 C. dismiss the criminal case without prejudice in
8101007 the interest of justice; provided that if the treatment
811-supervisor reports to the court that the defendant satisfies
812-the criteria for involuntary commitment in accordance with
813-the Mental Health and Developmental Disabilities Code, the
814-department of health shall initiate those proceedings, and
815-the court may order the defendant confined for a maximum of
816-seven days to facilitate the initiation of those proceedings; HJC/HB 8/a
817-Page 17
1008+supervisor [has issued a report finding ] reports to the court
1009+that the defendant satisfies the criteria for involuntary
1010+commitment [contained ] in accordance with the Mental Health and
1011+Developmental Disabilities Code, the department of health shall
1012+[commence] initiate those proceedings [pursuant to Chapter 43,
1013+Article 1 NMSA 1978], and the court may order the defendant
1014+confined for a maximum of seven days to facilitate [preparation
1015+and] the initiation of [a petition pursuant to the Mental
1016+.230645.1
1017+- 19 - underscored material = new
1018+[bracketed material] = delete
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843-and provided further that the district attorney may initiate
844-involuntary commitment proceedings in the department's
845-stead."
1044+Health and Developmental Disabilities code. The district court
1045+may refer the defendant to the district attorney for possible
1046+initiation of proceedings under the Mental Health and
1047+Developmental Disabilities Code ] those proceedings; and
1048+provided further that the district attorney may initiate
1049+involuntary commitment proceedings in the department's stead ."
8461050 SECTION 6. Section 31-9-1.5 NMSA 1978 (being Laws 1988,
8471051 Chapter 107, Section 6 and Laws 1988, Chapter 108, Section 6,
8481052 as amended) is amended to read:
8491053 "31-9-1.5. DETERMINATION OF COMPETENCY--CRIMINAL
8501054 COMMITMENT--EVIDENTIARY HEARING.--
851-A. If the court determines that there is not a
852-substantial probability that a defendant who is not competent
853-to stand trial will be restored to competency, a commitment
854-hearing to determine the sufficiency of the evidence of the
855-defendant's guilt shall be held if the defendant is charged
856-with:
1055+A. [As provided for in Subsection A of Section
1056+31-9-1.4 NMSA 1978, A ] If the court determines that there is
1057+not a substantial probability that a defendant who is not
1058+competent to stand trial will be restored to competency, a
1059+commitment hearing to determine the sufficiency of the evidence
1060+of the defendant's guilt shall be held if [the case is not
1061+dismissed and if] the defendant is charged with [a felony that
1062+involves the infliction of great bodily harm on another person;
1063+a felony that involves the use of a firearm; aggravated arson,
1064+as provided in Section 30-17-6 NMSA 1978; criminal sexual
1065+penetration, as provided in Section 30-9-11 NMSA 1978; or
1066+criminal sexual contact of a minor, as provided in Section
1067+30-9-13 NMSA 1978. Such ]:
8571068 (1) murder in the first or second degree, as
858-provided in Section 30-2-1 NMSA 1978;
859-(2) a felony involving infliction of great
860-bodily harm, as defined in Section 30-1-12 NMSA 1978, on
861-another person;
862-(3) criminal sexual penetration, as provided
863-in Section 30-9-11 NMSA 1978;
864-(4) criminal sexual contact of a minor, as
865-provided in Section 30-9-13 NMSA 1978;
866-(5) abuse of a child, as provided in
867-Subsection D of Section 30-6-1 NMSA 1978; HJC/HB 8/a
868-Page 18
1069+.230645.1
1070+- 20 - underscored material = new
1071+[bracketed material] = delete
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1097+provided in Section 30-2-1 NMSA 1978;
1098+(2) a felony involving infliction of great
1099+bodily harm, as defined in Section 30-1-12 NMSA 1978, on
1100+another person;
1101+(3) criminal sexual penetration, as provided
1102+in Section 30-9-11 NMSA 1978;
1103+(4) criminal sexual contact of a minor, as
1104+provided in Section 30-9-13 NMSA 1978;
1105+(5) abuse of a child, as provided in
1106+Subsection D of Section 30-6-1 NMSA 1978;
8941107 (6) a crime provided for in the Sexual
8951108 Exploitation of Children Act;
896-(7) human trafficking, as provided in
897-Section 30-52-1 NMSA 1978;
898-(8) aggravated arson, as provided in Section
899-30-17-6 NMSA 1978; or
900-(9) any "serious violent offense" enumerated
901-in Subparagraphs (a) through (n) of Paragraph (4) of
902-Subsection L of Section 33-2-34 NMSA 1978 with the use of a
903-firearm.
904-B. A criminal commitment hearing shall be
905-conducted by the district court without a jury. The state
906-and the defendant may introduce evidence relevant to the
907-question of the defendant's guilt of the crime charged. The
908-district court may admit hearsay or affidavit evidence on
909-secondary matters such as testimony to establish the chain of
910-possession of physical evidence, laboratory reports,
911-authentication of transcripts taken by official reporters,
912-district court and business records and public documents.
913-C. If the evidence does not establish by clear and
914-convincing evidence that the defendant committed the crime
915-charged, the district court shall dismiss the criminal case
916-with prejudice.
917-D. If the district court finds by clear and
918-convincing evidence that the defendant committed the crime HJC/HB 8/a
919-Page 19
1109+(7) human trafficking, as provided in Section
1110+30-52-1 NMSA 1978;
1111+(8) a felony involving the use of a firearm;
1112+or
1113+(9) aggravated arson, as provided in Section
1114+30-17-6 NMSA 1978.
1115+B. A criminal commitment hearing shall be conducted
1116+by the district court without a jury. The state and the
1117+defendant may introduce evidence relevant to the question of
1118+the defendant's guilt of the crime charged. The district court
1119+may admit hearsay or affidavit evidence on secondary matters
1120+such as testimony to establish the chain of possession of
1121+physical evidence, laboratory reports, authentication of
1122+.230645.1
1123+- 21 - underscored material = new
1124+[bracketed material] = delete
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945-charged and has not made a finding of dangerousness in
946-accordance with Section 31-9-1.2 NMSA 1978, the district
947-court shall dismiss the criminal case without prejudice.
948-E. If the district court finds by clear and
949-convincing evidence that the defendant committed the crime
950-charged and enters a finding that the defendant remains not
951-competent to stand trial and remains dangerous as determined
952-by the court in accordance with Section 31-9-1.2 NMSA 1978:
953-(1) the defendant shall be detained by the
954-department of health in a secure, locked facility;
955-(2) the defendant shall not be released from
956-that secure facility except pursuant to an order of the court
957-that committed the defendant or upon expiration of the period
958-of time equal to the maximum sentence to which the defendant
959-would have been subject had the defendant been convicted in a
960-criminal proceeding;
961-(3) significant changes in the defendant's
962-condition, including trial competency and dangerousness,
963-shall be reported in writing to the district court, state and
964-defense; and
965-(4) at least every two years, the district
966-court shall conduct a hearing upon notice to the parties and
967-the department of health charged with detaining the
968-defendant. At the hearing, the court shall enter findings on
969-the issues of trial competency and dangerousness: HJC/HB 8/a
970-Page 20
1150+transcripts taken by official reporters, district court and
1151+business records and public documents.
1152+[B.] C. If the evidence does not establish by clear
1153+and convincing evidence that the defendant committed [a felony
1154+that involves the infliction of great bodily harm on another
1155+person; a felony that involves the use of a firearm; aggravated
1156+arson, as provided in Section 30-17-6 NMSA 1978; criminal
1157+sexual penetration, as provided in Section 30-9-11 NMSA 1978;
1158+or criminal sexual contact of a minor, as provided in Section
1159+30-9-13 NMSA 1978] the crime charged, the district court shall
1160+dismiss the criminal case with prejudice. [however, nothing in
1161+this section shall prevent the state from initiating
1162+proceedings under the provisions of the Mental Health and
1163+Developmental Disabilities Code, and the court may order the
1164+defendant confined for a maximum of seven days to facilitate
1165+preparation and initiation of a petition pursuant to that code .
1166+C.] D. If the district court finds by clear and
1167+convincing evidence that the defendant committed [a ] the crime
1168+charged and has not made a finding of dangerousness [pursuant
1169+to] in accordance with Section 31-9-1.2 NMSA 1978, the district
1170+court shall dismiss the [charges ] criminal case without
1171+prejudice. [The state may initiate proceedings pursuant to the
1172+provisions of the Mental Health and Developmental Disabilities
1173+Code and the court may order the defendant confined for a
1174+maximum of seven days to facilitate preparation and initiation
1175+.230645.1
1176+- 22 - underscored material = new
1177+[bracketed material] = delete
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996-(a) upon a finding that the defendant
997-is competent to proceed in a criminal case, the court shall
998-continue with the criminal proceeding;
999-(b) if the defendant continues to
1000-remain not competent to stand trial and dangerous in
1001-accordance with Section 31-9-1.2 NMSA 1978, the court shall
1002-review the defendant's competency and dangerousness every two
1003-years until expiration of the period of commitment equal to
1004-the maximum sentence to which the defendant would have been
1005-subject had the defendant been convicted in a criminal
1006-proceeding; and
1007-(c) if the court finds upon its two-
1008-year review hearing that the defendant is no longer
1009-dangerous, the defendant shall be released.
1010-F. At any time, including after a court dismisses
1011-a case against a defendant, the department of health or the
1012-district attorney may initiate involuntary commitment
1013-proceedings in accordance with the Mental Health and
1014-Developmental Disabilities Code or proceedings in accordance
1015-with the Assisted Outpatient Treatment Act. If the district
1016-attorney indicates an intent to initiate involuntary
1017-commitment proceedings in accordance with the Mental Health
1018-and Developmental Disabilities Code, the court may detain the
1019-defendant for a maximum of seven days only to facilitate the
1020-initiation of those proceedings at any licensed psychiatric HJC/HB 8/a
1021-Page 21
1203+of a petition pursuant to that code.
1204+D.] E. If the district court finds by clear and
1205+convincing evidence that the defendant committed [a felony that
1206+involves the infliction of great bodily harm on another person;
1207+a felony that involves the use of a firearm; aggravated arson,
1208+as provided in Section 30-17-6 NMSA 1978; criminal sexual
1209+penetration, as provided in Section 30-9-11 NMSA 1978; or
1210+criminal sexual contact of a minor, as provided in Section
1211+30-9-13 NMSA 1978] the crime charged and enters a finding that
1212+the defendant remains [incompetent to proceed ] not competent to
1213+stand trial and remains dangerous [pursuant to ] as determined
1214+by the court in accordance with Section 31-9-1.2 NMSA 1978:
1215+(1) the defendant shall be detained by the
1216+department of health in a secure, locked facility;
1217+(2) the defendant shall not be released from
1218+that secure facility except pursuant to an order of the
1219+[district] court [which] that committed [him] the defendant or
1220+upon expiration of the period of time equal to the maximum
1221+sentence to which the defendant would have been subject had the
1222+defendant been convicted in a criminal proceeding;
1223+(3) significant changes in the defendant's
1224+condition, including [but not limited to ] trial competency and
1225+dangerousness, shall be reported in writing to the district
1226+court, state and defense; and
1227+(4) at least every two years, the district
1228+.230645.1
1229+- 23 - underscored material = new
1230+[bracketed material] = delete
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1047-hospital."
1048-SECTION 7. Section 31-9-1.6 NMSA 1978 (being Laws 1997,
1049-Chapter 153, Section 1, as amended) is amended to read:
1050-"31-9-1.6. HEARING TO DETERMINE DEVELOPMENTAL OR
1051-INTELLECTUAL DISABILITY.--
1052-A. Upon motion of a party or the court, the court
1053-shall hold a hearing to determine whether the defendant is
1054-not competent due to a developmental or intellectual
1055-disability as defined in Subsection E of this section, and
1056-the evaluator shall be provided with the necessary and
1057-available documents reasonably required for admission
1058-pursuant to written policies adopted by the secretary of
1059-health or the secretary's designee.
1060-B. If the court finds by a preponderance of the
1061-evidence that the defendant is not competent to stand trial
1062-due to a developmental or intellectual disability and that
1063-there is not a substantial probability that the defendant
1064-will be restored to competency within nine months from the
1065-date the court determined the defendant is not competent to
1066-stand trial, the court shall notify the department of health
1067-of the court's finding. Within sixty days of receipt of the
1068-court's notification, the department of health shall
1069-determine whether the defendant presents a likelihood of
1070-serious harm to the defendant's self or others.
1071-C. If the department of health determines that the HJC/HB 8/a
1072-Page 22
1256+court shall conduct a hearing upon notice to the parties and
1257+the department of health charged with detaining the defendant.
1258+At the hearing, the court shall enter findings on the issues of
1259+trial competency and dangerousness:
1260+(a) upon a finding that the defendant is
1261+competent to proceed in a criminal case, the court shall
1262+continue with the criminal proceeding;
1263+(b) if the defendant continues to [be
1264+incompetent to proceed in a criminal case ] remain not competent
1265+to stand trial and dangerous [pursuant to ] in accordance with
1266+Section 31-9-1.2 NMSA 1978, the court shall review the
1267+defendant's competency and dangerousness every two years until
1268+expiration of the period of commitment equal to the maximum
1269+sentence to which the defendant would have been subject had [he
1270+or she] the defendant been convicted in a criminal proceeding;
1271+[provided that if the treatment supervisor recommends that the
1272+defendant be committed pursuant to the Mental Health and
1273+Developmental Disabilities Code, the court may at any time
1274+proceed pursuant to Subsection C of Section 31-9-1.4 NMSA 1978 ]
1275+and
1276+(c) [if the defendant is not committed
1277+pursuant to Sections 31-9-1 through 31-9-1.5 NMSA 1978 or ] if
1278+the court finds upon its two-year review hearing that the
1279+defendant is no longer dangerous, [as defined in Section
1280+31-9-1.2 NMSA 1978] the defendant shall be released.
1281+.230645.1
1282+- 24 - underscored material = new
1283+[bracketed material] = delete
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1098-defendant presents a likelihood of serious harm to self or
1099-others, the department shall initiate involuntary commitment
1309+F. At any time, including after a court dismisses a
1310+case against a defendant, the department of health or the
1311+district attorney may initiate involuntary commitment
11001312 proceedings in accordance with the Mental Health and
1101-Developmental Disabilities Code if the defendant is charged
1102-with:
1103-(1) murder in the first or second degree, as
1104-provided in Section 30-2-1 NMSA 1978;
1105-(2) a felony involving infliction of great
1106-bodily harm, as defined in Section 30-1-12 NMSA 1978, on
1107-another person;
1108-(3) criminal sexual penetration, as provided
1109-in Section 30-9-11 NMSA 1978;
1110-(4) criminal sexual contact of a minor, as
1111-provided in Section 30-9-13 NMSA 1978;
1112-(5) abuse of a child, as provided in
1113-Subsection D of Section 30-6-1 NMSA 1978;
1114-(6) a crime provided for in the Sexual
1115-Exploitation of Children Act;
1116-(7) human trafficking, as provided in
1117-Section 30-52-1 NMSA 1978;
1118-(8) aggravated arson, as provided in Section
1119-30-17-6 NMSA 1978; or
1120-(9) any "serious violent offense" enumerated
1121-in Subparagraphs (a) through (n) of Paragraph (4) of
1122-Subsection L of Section 33-2-34 NMSA 1978 with the use of a HJC/HB 8/a
1123-Page 23
1313+Developmental Disabilities Code or proceedings in accordance
1314+with the Assisted Outpatient Treatment Act. If the district
1315+attorney indicates an intent to initiate involuntary commitment
1316+proceedings in accordance with the Mental Health and
1317+Developmental Disabilities Code, the court may detain the
1318+defendant for a maximum of seven days only to facilitate the
1319+initiation of those proceedings at any licensed psychiatric
1320+hospital."
1321+SECTION 7. Section 31-9-1.6 NMSA 1978 (being Laws 1997,
1322+Chapter 153, Section 1, as amended) is amended to read:
1323+"31-9-1.6. HEARING TO DETERMINE DEVELOPMENTAL OR
1324+INTELLECTUAL DISABILITY.--
1325+A. Upon motion of the defense, [requesting a
1326+ruling] the court shall hold a hearing to determine whether the
1327+defendant [has] is not competent due to a developmental or
1328+intellectual disability as defined in Subsection E of this
1329+section, and the evaluator shall be provided with the necessary
1330+and available documents reasonably required for admission
1331+pursuant to written policies adopted by the secretary of health
1332+or the secretary's designee .
1333+B. If the court finds by a preponderance of the
1334+.230645.1
1335+- 25 - underscored material = new
1336+[bracketed material] = delete
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1149-firearm.
1150-D. After the involuntary commitment hearing or
1151-upon expiration of fourteen months from the court's initial
1152-determination that the defendant is not competent to stand
1153-trial, the criminal case shall be dismissed without
1154-prejudice.
1155-E. As used in this section, "developmental or
1156-intellectual disability" means significantly subaverage
1157-general intellectual functioning existing concurrently with
1158-deficits in adaptive behavior. An intelligence quotient of
1159-seventy or below on a reliably administered intelligence
1160-quotient test shall be presumptive evidence of developmental
1161-or intellectual disability."
1162-SECTION 8. Section 31-9-2 NMSA 1978 (being Laws 1967,
1163-Chapter 231, Section 3) is amended to read:
1164-"31-9-2. COMPETENCY EVALUATION--MENTAL OR FUNCTIONAL
1165-EXAMINATION.--
1166-A. Upon motion of a party or the court, the court
1167-shall order a mental examination of the defendant before
1168-making any determination of the defendant's competency. If
1169-the defendant is determined to be indigent, the court shall
1170-pay for the costs of the examination from funds available to
1171-the court.
1172-B. A court may authorize a district attorney or
1173-the department of health to use a report of any examination HJC/HB 8/a
1174-Page 24
1362+evidence that the defendant [has ] is not competent to stand
1363+trial due to a developmental or intellectual disability and
1364+that there is not a substantial probability that the defendant
1365+will [become competent to proceed in a criminal case ] be
1366+restored to competency within [a reasonable period of time not
1367+to exceed] nine months from the date [of the original finding
1368+of incompetency, then, no later than sixty days from
1369+notification to the secretary of health or the secretary's
1370+designee of the court's findings, the department of health
1371+shall perform an evaluation to ] the court determined the
1372+defendant is not competent to stand trial, the court shall
1373+notify the department of health of the court's finding. Within
1374+sixty days of receipt of the court's notification, the
1375+department of health shall determine whether the defendant
1376+presents a likelihood of serious harm to the defendant's self
1377+or others.
1378+C. If the department of health [evaluation results
1379+in a finding] determines that the defendant presents a
1380+likelihood of serious harm to self or others, [within sixty
1381+days of the department's evaluation ] the department shall
1382+[commence proceedings pursuant to Chapter 43, Article 1 NMSA
1383+1978] initiate involuntary commitment proceedings in accordance
1384+with the Mental Health and Developmental Disabilities Code if
1385+the defendant [was] is charged with [murder in the first
1386+degree, first degree criminal sexual penetration, criminal
1387+.230645.1
1388+- 26 - underscored material = new
1389+[bracketed material] = delete
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1200-ordered before a determination of a defendant's competency to
1201-stand trial for the purposes of initiating proceedings in
1202-accordance with the Mental Health and Developmental
1203-Disabilities Code or the Assisted Outpatient Treatment Act;
1204-provided that the report remains valid pursuant to the time
1205-limits set forth in that code or act."
1415+sexual contact of a minor or arson in the initial proceedings,
1416+and the court presiding over the initial proceedings shall
1417+enter a finding that the respondent presents a likelihood of
1418+harm to others]:
1419+(1) murder in the first or second degree, as
1420+provided in Section 30-2-1 NMSA 1978;
1421+(2) a felony involving infliction of great
1422+bodily harm, as defined in Section 30-1-12 NMSA 1978, on
1423+another person;
1424+(3) criminal sexual penetration, as provided
1425+in Section 30-9-11 NMSA 1978;
1426+(4) criminal sexual contact of a minor, as
1427+provided in Section 30-9-13 NMSA 1978;
1428+(5) abuse of a child, as provided in
1429+Subsection D of Section 30-6-1 NMSA 1978;
1430+(6) a crime provided for in the Sexual
1431+Exploitation of Children Act;
1432+(7) human trafficking, as provided in Section
1433+30-52-1 NMSA 1978;
1434+(8) a felony involving the use of a firearm;
1435+or
1436+(9) aggravated arson, as provided in Section
1437+30-17-6 NMSA 1978.
1438+D. [The criminal charges shall be dismissed without
1439+prejudice] After the [hearing pursuant to Chapter 43, Article 1
1440+.230645.1
1441+- 27 - underscored material = new
1442+[bracketed material] = delete
1443+1
1444+2
1445+3
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1447+5
1448+6
1449+7
1450+8
1451+9
1452+10
1453+11
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1468+NMSA 1978] involuntary commitment hearing or upon expiration of
1469+fourteen months from the court's initial determination that the
1470+defendant is [incompetent to proceed in a criminal case ] not
1471+competent to stand trial, the criminal case shall be dismissed
1472+without prejudice.
1473+E. As used in this section, "developmental or
1474+intellectual disability" means significantly subaverage general
1475+intellectual functioning existing concurrently with deficits in
1476+adaptive behavior. An intelligence quotient of seventy or
1477+below on a reliably administered intelligence quotient test
1478+shall be presumptive evidence of developmental or intellectual
1479+disability."
1480+SECTION 8. Section 31-9-2 NMSA 1978 (being Laws 1967,
1481+Chapter 231, Section 3) is amended to read:
1482+"31-9-2. COMPETENCY EVALUATION --MENTAL OR FUNCTIONAL
1483+EXAMINATION.--
1484+A. Upon motion of any defendant, the court shall
1485+order a mental examination of the defendant before making any
1486+determination of the defendant's competency. [under Sections
1487+41-13-3 or 41-13-3.1 New Mexico Statutes Annotated, 1953
1488+Compilation. Where] If the defendant is determined to be
1489+indigent, the court shall pay for the costs of the examination
1490+from funds available to the court.
1491+B. A court may authorize a district attorney or the
1492+department of health to use a report of any examination ordered
1493+.230645.1
1494+- 28 - underscored material = new
1495+[bracketed material] = delete
1496+1
1497+2
1498+3
1499+4
1500+5
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1519+24
1520+25
1521+before a determination of a defendant's competency to stand
1522+trial for the purposes of initiating proceedings in accordance
1523+with the Mental Health and Developmental Disabilities Code or
1524+the Assisted Outpatient Treatment Act; provided that the report
1525+remains valid pursuant to the time limits set forth in that
1526+code or act."
12061527 SECTION 9. Section 43-1B-4 NMSA 1978 (being Laws 2016,
12071528 Chapter 84, Section 4, as amended) is amended to read:
12081529 "43-1B-4. PETITION TO THE COURT.--
12091530 A. A petition for an order authorizing assisted
1210-outpatient treatment may be filed in the district court for
1211-the county in which the respondent is present or reasonably
1212-believed to be present; provided that such district court is
1213-a party to a memorandum of understanding with a participating
1531+outpatient treatment may be filed in the district court for the
1532+county in which the respondent is present or reasonably
1533+believed to be present; provided that such district court is a
1534+party to a memorandum of understanding with a participating
12141535 municipality or county.
12151536 B. A petition for an order authorizing assisted
12161537 outpatient treatment may be filed only by the following
12171538 persons:
12181539 (1) a person eighteen years of age or older
12191540 who resides with the respondent;
12201541 (2) the parent or spouse of the respondent;
12211542 (3) the sibling or child of the respondent;
1222-provided that the sibling or child is eighteen years of age
1223-or older;
1224-(4) the director of a hospital where the HJC/HB 8/a
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1543+provided that the sibling or child is eighteen years of age or
1544+older;
1545+(4) the director of a hospital where the
1546+.230645.1
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12511574 respondent is hospitalized;
12521575 (5) the director of a public or charitable
12531576 organization or agency or a home where the respondent resides
12541577 and that provides mental health services to the respondent;
12551578 (6) a qualified professional who either
12561579 supervises the treatment of or treats the respondent for a
1257-mental disorder or has supervised or treated the respondent
1258-for a mental disorder within the past forty-eight months;
1580+mental disorder or has supervised or treated the respondent for
1581+a mental disorder within the past forty-eight months; [or ]
12591582 (7) a surrogate decision-maker; or
12601583 (8) a district attorney or the attorney
12611584 general.
1262-C. The petition shall be entitled "In the Matter
1263-of _______" and shall include:
1585+C. The petition shall be entitled "In the Matter of
1586+_______" and shall include:
12641587 (1) each criterion for assisted outpatient
12651588 treatment as set forth in Section 43-1B-3 NMSA 1978;
1266-(2) facts that support the petitioner's
1267-belief that the respondent meets each criterion; provided
1268-that the hearing on the petition need not be limited to the
1269-stated facts; and
1589+(2) facts that support the petitioner's belief
1590+that the respondent meets each criterion; provided that the
1591+hearing on the petition need not be limited to the stated
1592+facts; and
12701593 (3) whether the respondent is present or is
12711594 reasonably believed to be present within the county where the
12721595 petition is filed.
12731596 D. The petition shall be accompanied by an
12741597 affidavit of a qualified professional that shall state that:
1275-(1) the qualified professional has HJC/HB 8/a
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1302-personally examined the respondent no more than thirty days
1303-prior to the filing of the petition, that the qualified
1304-professional recommends assisted outpatient treatment for the
1305-respondent and that the qualified professional is willing and
1306-able to testify at the hearing on the petition either in
1307-person or by contemporaneous transmission from a different
1308-location; or
1309-(2) no more than ten days prior to the
1310-filing of the petition, the qualified professional or the
1311-qualified professional's designee has unsuccessfully
1312-attempted to persuade the respondent to submit to an
1313-examination, that the qualified professional has reason to
1314-believe that the respondent meets the criteria for assisted
1315-outpatient treatment and that the qualified professional is
1316-willing and able to examine the respondent and testify at the
1317-hearing on the petition either in person or by
1318-contemporaneous transmission from a different location."
1319-SECTION 10. A new section of Chapter 30, Article 7 NMSA
1320-1978 is enacted to read:
1321-"UNLAWFUL POSSESSION OF A WEAPON CONVERSION DEVICE--
1322-PENALTY.--
1323-A. Unlawful possession of a weapon conversion
1324-device consists of a person knowingly having in that person's
1325-possession an unlawfully obtained weapon conversion device or
1326-knowingly transporting an unlawfully obtained weapon HJC/HB 8/a
1327-Page 27
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1353-conversion device.
1354-B. A person who commits unlawful possession of a
1355-weapon conversion device is guilty of a third degree felony.
1356-C. As used in this section:
1357-(1) "fully automatic weapon" means a weapon
1358-that shoots, is designed to shoot automatically or can be
1359-readily restored to fire more than one cartridge or shell,
1360-without manual reloading, by a single function of the
1361-trigger;
1362-(2) "semiautomatic weapon" means a repeating
1363-rifle, shotgun or pistol, regardless of barrel or overall
1364-length, that uses a portion of the energy of a firing
1365-cartridge or shell to extract the fired cartridge case or
1366-spent shell and chamber the next round and that requires a
1367-separate function of the trigger to fire each cartridge or
1368-shell; and
1369-(3) "weapon conversion device" means a part
1370-or combination of parts designed and intended to convert a
1371-semiautomatic weapon into a fully automatic weapon."
1372-SECTION 11. Section 30-16D-1 NMSA 1978 (being Laws
1373-1978, Chapter 35, Section 91, as amended by Laws 2009,
1374-Chapter 253, Section 1 and by Laws 2009, Chapter 261, Section
1375-1) is amended to read:
1376-"30-16D-1. UNLAWFUL TAKING OF A VEHICLE OR MOTOR
1377-VEHICLE.-- HJC/HB 8/a
1378-Page 28
1379-1
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1404-A. Unlawful taking of a vehicle or motor vehicle
1405-consists of a person taking any vehicle or motor vehicle as
1406-defined by the Motor Vehicle Code intentionally and without
1407-consent of the owner. Whoever commits unlawful taking of a
1408-vehicle or motor vehicle is guilty of a felony as provided in
1409-Section 30-16D-4.1 NMSA 1978.
1410-B. The consent of the owner of the vehicle or
1411-motor vehicle to its taking shall not in any case be presumed
1412-or implied because of the owner's consent on a previous
1413-occasion to the taking of the vehicle or motor vehicle by the
1414-same or a different person.
1415-C. Nothing in this section shall be construed to
1416-prohibit the holder of a lien duly recorded with the motor
1417-vehicle division of the taxation and revenue department from
1418-taking possession of a vehicle to which possession the
1419-lienholder is legally entitled under the provisions of the
1420-instrument evidencing the lien. A holder of a duly recorded
1421-lien who takes possession of a vehicle without the knowledge
1422-of the owner of the vehicle shall immediately notify the
1423-local police authority of the fact that the holder has taken
1424-possession of the vehicle."
1425-SECTION 12. Section 30-16D-2 NMSA 1978 (being Laws
1426-2009, Chapter 253, Section 2 and Laws 2009, Chapter 261,
1427-Section 2) is amended to read:
1428-"30-16D-2. EMBEZZLEMENT OF A VEHICLE OR MOTOR HJC/HB 8/a
1429-Page 29
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1453-24
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1455-VEHICLE.--
1456-A. Embezzlement of a vehicle or motor vehicle
1457-consists of a person embezzling or converting to the person's
1458-own use a vehicle or motor vehicle as defined by the Motor
1459-Vehicle Code, with which the person has been entrusted, with
1460-the fraudulent intent to deprive the owner of the vehicle or
1461-motor vehicle.
1462-B. Whoever commits embezzlement of a vehicle or
1463-motor vehicle is guilty of a felony as provided in Section
1464-30-16D-4.1 NMSA 1978."
1465-SECTION 13. Section 30-16D-3 NMSA 1978 (being Laws
1466-2009, Chapter 253, Section 3 and Laws 2009, Chapter 261,
1467-Section 3) is amended to read:
1468-"30-16D-3. FRAUDULENTLY OBTAINING A VEHICLE OR MOTOR
1469-VEHICLE.--
1470-A. Fraudulently obtaining a vehicle or motor
1471-vehicle consists of a person intentionally misappropriating
1472-or taking a vehicle or motor vehicle as defined by the Motor
1473-Vehicle Code that belongs to another person by means of
1474-fraudulent conduct, practices or representations.
1475-B. Whoever commits fraudulently obtaining a
1476-vehicle or motor vehicle is guilty of a felony as provided in
1477-Section 30-16D-4.1 NMSA 1978."
1478-SECTION 14. Section 30-16D-4 NMSA 1978 (being Laws
1479-1978, Chapter 35, Section 92, as amended by Laws 2009, HJC/HB 8/a
1480-Page 30
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1504-24
1505-25
1506-Chapter 253, Section 4 and by Laws 2009, Chapter 261, Section
1507-4) is amended to read:
1508-"30-16D-4. RECEIVING OR TRANSFERRING STOLEN VEHICLES OR
1509-MOTOR VEHICLES.--
1510-A. Receiving or transferring a stolen vehicle or
1511-motor vehicle consists of a person who, with intent to
1512-procure or pass title to a vehicle or motor vehicle as
1513-defined by the Motor Vehicle Code that the person knows or
1514-has reason to believe has been stolen or unlawfully taken,
1515-receives or transfers possession of the vehicle or motor
1516-vehicle from or to another or who has in the person's
1517-possession any vehicle that the person knows or has reason to
1518-believe has been stolen or unlawfully taken. This section
1519-shall not apply to an officer of the law engaged at the time
1520-in the performance of the officer's duty as an officer.
1521-B. Whoever commits receiving or transferring a
1522-stolen vehicle or motor vehicle is guilty of a felony as
1523-provided in Section 30-16D-4.1 NMSA 1978."
1524-SECTION 15. A new Section 30-16D-4.1 NMSA 1978 is
1525-enacted to read:
1526-"30-16D-4.1. PENALTIES.--
1527-A. Whoever violates any of the provisions
1528-described in Sections 30-16D-1 through 30-16D-4 NMSA 1978 is
1529-guilty of a:
1530-(1) fourth degree felony for a first HJC/HB 8/a
1531-Page 31
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1533-2
1534-3
1535-4
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1557-offense;
1558-(2) third degree felony for a second
1559-offense, regardless of which provision was the first offense;
1560-and
1561-(3) second degree felony for a third or
1562-subsequent offense, regardless of which provision was the
1563-first or second offense.
1564-B. A defendant who violates multiple provisions
1565-described in Sections 30-16D-1 through 30-16D-4 NMSA 1978
1566-with a single vehicle shall be determined to have committed a
1567-single offense for purposes of this section."
1568-SECTION 16. Section 30-20-16 NMSA 1978 (being Laws
1569-1975, Chapter 285, Section 1, as amended) is amended to read:
1570-"30-20-16. BOMB SCARES AND SHOOTING THREATS UNLAWFUL.--
1571-A. Making a bomb scare consists of intentionally
1572-and maliciously stating to another person that a bomb or
1573-other explosive has been placed in such a position that
1574-property or persons are likely to be injured or destroyed.
1575-B. Making a shooting threat consists of
1576-intentionally and maliciously communicating to another person
1577-a serious expression of an intent to bring a firearm to a
1578-property or use the firearm and an intent to:
1579-(1) place a person or group of persons in
1580-fear of great bodily harm, and a person or group of persons
1581-was placed in fear of great bodily harm; HJC/HB 8/a
1582-Page 32
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1584-2
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1586-4
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1590-8
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1606-24
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1608-(2) prevent or interrupt the occupation or
1609-use of a public building, and the occupation or use of a
1610-public building was prevented or interrupted; or
1611-(3) cause a response to the threat by a law
1612-enforcement official or volunteer agency organized to deal
1613-with emergencies, and the threat caused a response by a law
1614-enforcement official or volunteer agency organized to deal
1615-with emergencies.
1616-C. Whoever commits making a bomb scare is guilty
1617-of a fourth degree felony.
1618-D. Whoever commits making a shooting threat is
1619-guilty of a fourth degree felony.
1620-E. A court may order a person convicted for the
1621-offense of making a bomb scare or shooting threat to
1622-reimburse the victim of the offense for economic harm caused
1623-by that offense.
1624-F. As used in this section, "economic harm" means
1625-all direct, incidental and consequential financial harm
1626-suffered by a victim of the offense of making a bomb scare or
1627-shooting threat. "Economic harm" includes:
1628-(1) wages, salaries or other compensation
1629-lost as a result of the commission of the offense of making a
1630-bomb scare or shooting threat;
1631-(2) the cost of all wages, salaries or other
1632-compensation paid to employees for time that those employees HJC/HB 8/a
1633-Page 33
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1655-22
1656-23
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1659-are prevented from working as a result of the commission of
1660-the offense of making a bomb scare or shooting threat; and
1661-(3) overhead costs incurred for the period
1662-of time that a business is shut down as a result of the
1663-commission of the offense of making a bomb scare or shooting
1664-threat."
1665-SECTION 17. A new section of the Criminal Sentencing
1666-Act is enacted to read:
1667-"TRAFFICKING OF CERTAIN AMOUNTS OF FENTANYL--ALTERATION
1668-OF BASIC SENTENCE.--When a separate finding of fact by a
1669-court or jury shows that a person is in possession of
1670-fentanyl in relation to a crime of trafficking a controlled
1671-substance pursuant to Section 30-31-20 NMSA 1978, the basic
1672-sentence of imprisonment prescribed for the offense in
1673-Section 31-18-15 NMSA 1978 shall be enhanced by up to:
1674-A. three years, if the person is in possession of
1675-between one hundred and five hundred pills, capsules or
1676-tablets containing a detectable amount of fentanyl,
1677-regardless of its concentration, or between ten and fifty
1678-grams of fentanyl powder;
1679-B. five years, if the person is in possession of
1680-more than five hundred pills, capsules or tablets containing
1681-a detectable amount of fentanyl, regardless of its
1682-concentration, or more than fifty grams of fentanyl powder;
1683-or HJC/HB 8/a
1684-Page 34
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1710-C. five years, if the person has recruited,
1711-coordinated, organized, supervised, directed, managed or
1712-financed another to commit trafficking fentanyl pursuant to
1713-Section 30-31-20 NMSA 1978. The enhancement shall be in
1714-addition to, not a replacement of, charging conspiracy to
1715-commit trafficking pursuant to Section 30-28-2 NMSA 1978."
1716-SECTION 18. Section 66-8-103 NMSA 1978 (being Laws
1717-1967, Chapter 160, Section 1) is amended to read:
1718-"66-8-103. CHEMICAL BLOOD TESTS--PERSONS QUALIFIED TO
1719-PERFORM TESTS--RELIEF FROM LIABILITY.--Only a physician,
1720-licensed professional or practical nurse, emergency medical
1721-technician or certified phlebotomist or a technologist
1722-employed by a hospital or physician shall withdraw blood from
1723-a person in the performance of a chemical blood test. No
1724-such physician, nurse, technician, phlebotomist or
1725-technologist who withdraws blood from a person in the
1726-performance of a chemical blood test that has been directed
1727-by a police officer or by a judicial or probation officer
1728-shall be held liable in any civil or criminal action for
1729-assault, battery, false imprisonment or any conduct of a
1730-police officer except for negligence, nor shall a person
1731-assisting in the performance of the test or a hospital
1732-wherein blood is withdrawn in the performance of the test be
1733-subject to civil or criminal liability for assault, battery,
1734-false imprisonment or any conduct of a police officer except HJC/HB 8/a
1735-Page 35
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1761-for negligence."
1762-SECTION 19. Section 66-8-104 NMSA 1978 (being Laws
1763-1978, Chapter 35, Section 512) is amended to read:
1764-"66-8-104. CHEMICAL BLOOD TESTS--OFFICER UNAUTHORIZED
1765-TO MAKE ARREST OR DIRECT TEST EXCEPT IN PERFORMANCE OF
1766-OFFICIAL DUTIES.--Nothing in Sections 66-8-103 or 66-8-104
1767-NMSA 1978 is intended to authorize a police officer or a
1768-judicial or probation officer to make an arrest or to direct
1769-the performance of a chemical blood test except in the
1770-performance of that officer's official duties and as
1771-otherwise authorized by law."
1772-SECTION 20. Section 66-8-111 NMSA 1978 (being Laws
1773-1978, Chapter 35, Section 519, as amended) is amended to
1774-read:
1775-"66-8-111. REFUSAL TO SUBMIT TO CHEMICAL TESTS--
1776-TESTING--GROUNDS FOR REVOCATION OF LICENSE OR PRIVILEGE TO
1777-DRIVE.--
1778-A. If a person under arrest for violation of an
1779-offense enumerated in the Motor Vehicle Code refuses upon
1780-request of a law enforcement officer to submit to chemical
1781-tests designated by the law enforcement agency as provided in
1782-Section 66-8-107 NMSA 1978, none shall be administered except
1783-when a municipal judge, magistrate or district judge issues a
1784-search warrant authorizing chemical tests as provided in
1785-Section 66-8-107 NMSA 1978 upon finding in a law enforcement HJC/HB 8/a
1786-Page 36
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1812-officer's written affidavit that there is probable cause to
1813-believe that the person has driven a motor vehicle while
1814-under the influence of alcohol or a controlled substance
1815-thereby causing the death or great bodily injury of another
1816-person, or there is probable cause to believe that the person
1817-has committed a felony or misdemeanor while under the
1818-influence of alcohol or a controlled substance and that
1819-chemical tests as provided in Section 66-8-107 NMSA 1978 will
1820-produce material evidence in a criminal prosecution.
1821-B. The department, upon receipt of a statement
1822-signed under penalty of perjury from a law enforcement
1823-officer stating the officer's reasonable grounds to believe
1824-the arrested person had been driving a motor vehicle within
1825-this state while under the influence of intoxicating liquor
1826-or drugs and that, upon request, the person refused to submit
1827-to a chemical test after being advised that failure to submit
1828-could result in revocation of the person's privilege to
1829-drive, shall revoke the person's New Mexico driver's license
1830-or any nonresident operating privilege for a period of one
1831-year or until all conditions for license reinstatement are
1832-met, whichever is later.
1833-C. The department, upon receipt of a statement
1834-signed under penalty of perjury from a law enforcement
1835-officer stating the officer's reasonable grounds to believe
1836-the arrested person had been driving a motor vehicle within HJC/HB 8/a
1837-Page 37
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1863-this state while under the influence of intoxicating liquor
1864-and that the person submitted to chemical testing pursuant to
1865-Section 66-8-107 NMSA 1978 and the test results indicated an
1866-alcohol concentration in the person's blood or breath of
1867-eight one hundredths or more if the person is twenty-one
1868-years of age or older, four one hundredths or more if the
1869-person is driving a commercial motor vehicle or two one
1870-hundredths or more if the person is less than twenty-one
1871-years of age, shall revoke the person's license or permit to
1872-drive or the person's nonresident operating privilege for a
1873-period of:
1874-(1) six months or until all conditions for
1875-license reinstatement are met, whichever is later, if the
1876-person is twenty-one years of age or older;
1877-(2) one year or until all conditions for
1878-license reinstatement are met, whichever is later, if the
1879-person was less than twenty-one years of age at the time of
1880-the arrest, notwithstanding any provision of the Children's
1881-Code; or
1882-(3) one year or until all conditions for
1883-license reinstatement are met, whichever is later, if the
1884-person's license has been revoked previously pursuant to the
1885-provisions of this section, notwithstanding the provisions of
1886-Paragraph (1) of this subsection.
1887-D. The determination of alcohol concentration HJC/HB 8/a
1888-Page 38
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1914-shall be based on the grams of alcohol in one hundred
1915-milliliters of blood or the grams of alcohol in two hundred
1916-ten liters of breath.
1917-E. If the person subject to the revocation
1918-provisions of this section is a resident or will become a
1919-resident within one year and is without a license to operate
1920-a motor vehicle in this state, the department shall deny the
1921-issuance of a license to the person for the appropriate
1922-period of time as provided in Subsections B and C of this
1923-section.
1924-F. A statement signed by a law enforcement
1925-officer, pursuant to the provisions of Subsection B or C of
1926-this section, shall be sworn to by the officer or shall
1927-contain a declaration substantially to the effect: "I hereby
1928-declare under penalty of perjury that the information given
1929-in this statement is true and correct to the best of my
1930-knowledge.". The statement may be signed and submitted
1931-electronically in a manner and form approved by the
1932-department. A law enforcement officer who signs a statement
1933-knowing that the statement is untrue in any material issue or
1934-matter is guilty of perjury as provided in Section 66-5-38
1935-NMSA 1978."
1936-SECTION 21. Section 66-8-111.1 NMSA 1978 (being Laws
1937-1984, Chapter 72, Section 7, as amended) is amended to read:
1938-"66-8-111.1. LAW ENFORCEMENT OFFICER AGENT FOR HJC/HB 8/a
1939-Page 39
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1965-DEPARTMENT--WRITTEN NOTICE OF REVOCATION AND RIGHT TO
1966-HEARING.--
1967-A. On behalf of the department, a law enforcement
1968-officer requesting a chemical test or directing the
1969-administration of a chemical test pursuant to Sections
1970-66-8-107 and 66-8-111 NMSA 1978 shall serve immediate written
1971-notice of revocation and of right to a hearing before the
1972-administrative hearings office pursuant to the Implied
1973-Consent Act on a person who:
1974-(1) refuses to permit chemical testing; or
1975-(2) submits to a chemical test the results
1976-of which indicate an alcohol concentration in the person's
1977-blood or breath of:
1978-(a) eight one hundredths or more if the
1979-person is twenty-one years of age or older;
1980-(b) four one hundredths or more if the
1981-person is driving a commercial motor vehicle; or
1982-(c) two one hundredths or more if the
1983-person is less than twenty-one years of age.
1984-B. The written notice of revocation and of a right
1985-to a hearing served on the driver shall be a temporary
1986-license valid for twenty days or, if the driver requests a
1987-hearing pursuant to Section 66-8-112 NMSA 1978, valid until
1988-the date the administrative hearings office issues the order
1989-following that hearing; provided that a written notice of HJC/HB 8/a
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2016-revocation and right to a hearing shall not be a temporary
2017-license for a driver without any otherwise valid driving
2018-privileges in this state.
2019-C. The law enforcement officer shall send to the
2020-department the signed statement required pursuant to Section
2021-66-8-111 NMSA 1978."
2022-SECTION 22. Section 66-13-1 NMSA 1978 (being Laws 2003,
2023-Chapter 241, Section 1) is amended to read:
2024-"66-13-1. SHORT TITLE.--Chapter 66, Article 13 NMSA
2025-1978 may be cited as the "Boating While Intoxicated Act"."
2026-SECTION 23. Section 66-13-6 NMSA 1978 (being Laws 2003,
2027-Chapter 241, Section 6) is amended to read:
2028-"66-13-6. CHEMICAL BLOOD TESTS--PERSONS QUALIFIED TO
2029-PERFORM TESTS--RELIEF FROM CIVIL AND CRIMINAL LIABILITY.--
2030-Only a physician, licensed professional or practical nurse,
2031-emergency medical technician or certified phlebotomist or a
2032-technologist employed by a hospital or physician shall
2033-withdraw blood from a person in the performance of a chemical
2034-blood test. A physician, nurse, technician, phlebotomist or
2035-technologist who withdraws blood from a person in the
2036-performance of a chemical blood test that has been directed
2037-by a law enforcement officer, or by a judicial or probation
2038-officer, shall not be held liable in a civil or criminal
2039-action for assault, battery, false imprisonment or any
2040-conduct of a law enforcement officer, except for negligence, HJC/HB 8/a
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2067-nor shall a person assisting in the performance of the test,
2068-or a hospital wherein blood is withdrawn in the performance
2069-of the test, be subject to civil or criminal liability for
2070-assault, battery, false imprisonment or any conduct of a law
2071-enforcement officer, except for negligence."
2072-SECTION 24. Section 66-13-7 NMSA 1978 (being Laws 2003,
2073-Chapter 241, Section 7) is amended to read:
2074-"66-13-7. CHEMICAL BLOOD TEST--OFFICER UNAUTHORIZED TO
2075-MAKE ARREST OR DIRECT TEST EXCEPT IN PERFORMANCE OF OFFICIAL
2076-DUTIES.--Nothing in the Boating While Intoxicated Act is
2077-intended to authorize a law enforcement officer, or a judicial
2078-or probation officer, to make an arrest or direct the
2079-performance of a chemical blood test, except in the
2080-performance of that officer's official duties or as otherwise
2081-authorized by law."
1627+examined the respondent no more than [ten ] thirty days prior to
1628+the filing of the petition, that the qualified professional
1629+recommends assisted outpatient treatment for the respondent and
1630+that the qualified professional is willing and able to testify
1631+at the hearing on the petition either in person or by
1632+contemporaneous transmission from a different location; or
1633+(2) no more than ten days prior to the filing
1634+of the petition, the qualified professional or the qualified
1635+professional's designee has unsuccessfully attempted to
1636+persuade the respondent to submit to an examination, that the
1637+qualified professional has reason to believe that the
1638+respondent meets the criteria for assisted outpatient treatment
1639+and that the qualified professional is willing and able to
1640+examine the respondent and testify at the hearing on the
1641+petition either in person or by contemporaneous transmission
1642+from a different location."
1643+- 31 -
1644+.230645.1